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LOCAL GOVERNMENT ACT 2020 - SECT 6 Obligations of Council in relation to Yarra River land

LOCAL GOVERNMENT ACT 2020 - SECT 6

Obligations of Council in relation to Yarra River land

    (1)     A Council that is a responsible public entity within the meaning of the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017

        (a)     must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the Council when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and

        (b)     must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the Council, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.

S. 6(2) substituted by No. 43/2021 s. 219(Sch.  1 item 7.1).

    (2)     Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to—

        (a)     a declared project within the meaning of the Major Transport Projects Facilitation Act 2009 ; or

        (b)     a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021 .